1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Introduced by the Council President at the request of the Mayor and Council Member M. Jones: ORDINANCE 2008-130 AN ORDINANCE APPROPRIATING $14,720,000 FROM THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD) TO PROVIDE FUNDING FOR (1) MICROBIAL SOURCE TRACKING, (2) CONSTRUCTION OF SEWER INFRASTRUCTURE FOR THE OAKWOOD VILLAS ESTATES PHASE 2 PROJECT, (3) UTIP PROGRAMS, (4) SEPTIC TANK ENFORCEMENT PROGRAMS, (5) A WATER QUALITY OUTREACH CAMPAIGN, AND (6) CONSTRUCTION OF SEWER INFRASTRUCTURE FOR THE LINCOLN VILLAS SERVICE AREA I PROJECT, AS INITIATED BY B.T. 08-091; PROVIDING A CARRYOVER OF FUNDS TO SUBSEQUENT FISCAL YEARS; AMENDING THE 20072012 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM APPROVED BY ORDINANCE 2007-814-E TO PROVIDE ADDITIONAL FUNDING FOR THE PROJECTS ENTITLED “OAKWOOD VILLAS” AND “LINCOLN VILLAS”; APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE THE AGREEMENT FOR TRIBUTARY WATER QUALITY RESTORATION, LOWER ST. JOHNS RIVER BASIN BETWEEN THE CITY AND SJRWMD (THE “SJRWMD AGREEMENT”); APPROVING AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND CORPORATION SECRETARY TO EXECUTE SUBCONTRACTS WITH THE WATER AND SEWER EXPANSION AUTHORITY (WSEA) AND THE DUVAL COUNTY HEALTH DEPARTMENT (DCHD) FOR PERFORMING CERTAIN OF THE OBLIGATIONS OF THE SJRWMD AGREEMENT TRIBUTARY WATER QUALITY RESTORATION; PROVIDING FOR OVERSIGHT BY THE ENVIRONMENTAL AND COMPLIANCE DEPARTMENT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the Council of the City of Jacksonville: Section 1. Appropriation. For the 2007-2008 fiscal year, within the City’s budget, there are hereby appropriated the indicated sum(s) from the account(s) listed in subsection (a) to the account(s) listed in subsection (b): (B.T. 08-091 attached hereto as Exhibit 1 and incorporated herein by this reference) (a) Appropriated from: See B.T. 08-091 $14,720,000 (b) Appropriated to: See B.T. 08-091 $14,720,000 Section 2. Carryover. The funds appropriated in this ordinance shall not lapse but shall carryover from year to year. Section 3. Purpose. The purpose of the appropriation in Section 1 is to provide for authorization of a cost reimbursement contract for a period of three (3) years in the amount of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 $14,720,000 between the City of Jacksonville and the St. Johns River Water Management District to fund projects for tributary water quality restoration in the Lower St. Johns River Basin. There are 6 components to the restoration project: 1) Microbial Source Tracking, for which $145,000 is budgeted for the City of Jacksonville to issue and manage a contract for services to assess fecal coliform bacteria impairment of tributaries in order to prioritize restoration efforts; 2) Oakwood Villas Estates Phase 2 project, for which $11,200,000 is budgeted for the Water and Sewer Expansion Authority to engineer, design, plan and construct a combination traditional gravity and vacuum sewer infrastructure for approximately 515 homes and allow for the phaseout of existing septic tanks; 3) UTIP funding, for which $200,000 is budgeted for the City of Jacksonville Housing Services Division to administer a program that ensures property owners who qualify through UTIP can obtain funds to be used exclusively for the proper abandonment of failing septic tanks and the connection to sanitary sewer including all fees and permits; 4) Septic Tank Enforcement Project, for which $325,000 is budgeted for the Duval County Health Department to structure and operate the Septic Tank Enforcement Project to inventory existing septic systems, evaluate the condition of each septic system, facilitate repairs as necessary, and track inspections and results; 5) Water Quality Outreach Campaign, for which $50,000 is budgeted to the City of Jacksonville to develop a comprehensive campaign raising public awareness concerning septic tank and pet waste contributions to fecal coliform pollution; and 6) Lincoln Villas Service Area I project, for which $2,800,000 is budgeted for the Water and Sewer Expansion Authority to engineer, design, plan and construct traditional gravity sewer infrastructure for approximately 85 access points and allow for the phaseout of existing septic tanks. Section 4. CIP Amendment. Ordinance 2007-814-E, being the 2007-2012 Five-Year Capital Improvement Program for the City and certain of its independent agencies, is hereby amended to provide funding for the projects entitled “Oakwood Villas” and “Lincoln Villas”. These projects are more fully described on the Project Information Sheets, attached hereto as Exhibit 2, labeled “Project Information Sheet, February 6, 2008,” and incorporated herein by this reference. This ordinance shall constitute an amendment to Ordinance 2007-814-E. In all other respects, the Five-Year Capital Improvement Program approved by Ordinance 2007814-E shall continue in full force and effect. Section 4. Authorization of Agreement with SJRWMD. There is hereby approved, and the Mayor, or his designee, and Corporation Secretary are hereby authorized to execute, for and on behalf of the City, the Agreement for Tributary Water Quality Restoration, Lower St. Johns River Basin, between the City of Jacksonville and the Florida Department of Transportation, in substantially the form as is attached hereto as Exhibit 3, labeled “SJRWMD Agreement, January 29, 2008,” and incorporated herein by this reference. Section 5. Authorization of Subcontract with WSEA. There is hereby approved, and the Mayor, or his designee, and Corporation Secretary are hereby authorized to execute, for and on behalf of the City, a Subcontract with the Water and Sewer Expansion 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Authority (WSEA) for WSEA to perform certain obligations under the SJRWMD Agreement, in substantially the form as is attached hereto as Exhibit 4, labeled “WSEA Subcontract, February 6, 2008,” and incorporated herein by this reference. Section 6. Authorization of Subcontract with DCHD. There is hereby approved, and the Mayor, or his designee, and Corporation Secretary are hereby authorized to execute, for and on behalf of the City, a Subcontract with the Duval County Health Department (DCHD) for DCHD to perform certain obligations under the SJRWMD Agreement, in substantially the form as is attached hereto as Exhibit 5, labeled “DCHD Subcontract, February 6, 2008,” and incorporated herein by this reference. Section 7. Further Authorizations. The Mayor, or his designee, and the Corporation Secretary, are hereby authorized to execute the Agreement, the WSEA Subcontract and the DCHD Subcontract substantially in the forms attached hereto, and all other contracts and documents related thereto, and otherwise take all necessary action in connection therewith and herewith, and to negotiate and execute all necessary changes and amendments to the Agreement, the WSEA Subcontract and the DCHD Subcontract and such other contracts and documents, to effectuate the purposes of this Ordinance, without further Council action, provided such changes and amendments are limited to "technical amendments" and do not change the financial obligations between the parties and, further provided, that all such amendments shall be subject to appropriate legal review and approval by the General Counsel, or his designee, and all other appropriate official action required by law. The term "technical amendments" as used in this section shall include, but not be limited to, changes in legal descriptions and surveys, ingress and egress, easements and rights of way, schedules of performance, design standards, vehicles access and site plan, which have no financial impact. Section 7. Departmental Oversight. The Mayor is requested to appoint the Environmental and Compliance Department to oversee compliance with the Agreements, and all appropriate laws. Section 8. Effective Date. This ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor’s signature. 39 40 Form Approved: 41 42 /s/ Juliana Rowland 43 Office of General Counsel 44 Legislation prepared by: Juliana Rowland 45 G:\SHARED\LEGIS.CC\2008\ord\02.12.08.BT.EQD.SJRWMD.Tributary Assessment v06.doc 3